California Negligence Laws
When someone sustains an injury, who is at fault? Negligence is an act (or failure to act) when you owe a duty to another individual. For instance, a customer who falls and breaks their arm after slipping on a spill that was not promptly cleaned up may have a negligence claim against the shopkeeper. Negligence definitions are not that different from one state to the next, although the degree to which negligence is shared (when both parties are partially at fault) varies. California negligence laws follow the legal doctrine of pure comparative negligence, which allows a plaintiff to sue for the percentage of damages attributable to the defendant.
In California, as in other states, the plaintiff must be able to demonstrate the following elements in order to prove negligence on the part of the defendant:
- The defendant had a duty (to either commit an act or refrain from committing an act)
- The defendant breached this duty (was "negligent" in their duty)
- The defendant's breach of duty caused the plaintiff's injury(ies)
- The defendant's actions were the proximate cause of the injuries (in other words, the breach of the defendant's duty sufficiently related to the cause of the plaintiff's injuries)
- The plaintiff suffered actual damages (such as the cost of rehab, lost wages, pain, and suffering, etc.)
California Negligence Laws at a Glance
Below are the basics of California negligence laws. See Negligence: Background for more general information.
|California Civil Code Section 1714|
Statutory Definition of Liability for Negligent Acts
|Everyone is responsible, not only for the result of their willful acts but also for an injury occasioned to another by their want of ordinary care or skill in the management of their property or person, except so far as the latter has, willfully or by want of ordinary care, brought the injury upon themselves|
|"Pure" form adopted by Li v. Yellow Cab Co., 532 P.2d 1226 (1975).|
Contributory Negligence-Limit to Plaintiff's Recovery
|None. California is a pure comparative negligence state.|
Contribution Among Tortfeasors
|Yes; Civ. § 1431.2 – Each defendant is liable only for the amount of non-economic damages apportioned to that defendant for that defendant's percentage of fault|
Note: State laws are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.
Research the Law:
- California Law
- Official State Codes - Links to the official online statutes (laws) in all 50 states and DC.
Related Resources for Negligence Laws:
Learn More About California Negligence Laws from a Local Attorney
If you've been injured in California and are unsure of whether you're entitled to compensation, it's best to speak with a skilled personal injury attorney in California who understands the state's rules on pure contributory negligence.
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